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Supreme Court Declines Case Over Texas Library Book Removals

The denial leaves the 5th Circuit’s view of library curation as government speech in effect across Texas, Louisiana, Mississippi.

Overview

  • The justices refused an appeal from Llano County residents who challenged the removal of 17 books on First Amendment grounds.
  • The 5th Circuit’s decision remains controlling in its three-state jurisdiction, and the disputed titles stay off Llano County library shelves.
  • A 2023 federal order to restore the books was reversed in a 10-7 en banc ruling that rejected a claimed right to receive information in this context.
  • Writing for the court, Judge Stuart Kyle Duncan said collection choices are government speech and asserted that “no one is banning” books because they can be obtained elsewhere.
  • The dispute began with 2021 petitions targeting works on transgender issues, race and slavery, echoing a broader rise in challenges that PEN America counted at about 3,700 unique titles and 6,870 instances in the 2024–2025 school year.